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Thread: Andrew Goldston's bouncing baby boy doesn't bounce

  1. #1
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    Andrew Goldston's bouncing baby boy doesn't bounce

    According to a criminal complaint filed Wednesday in Sheboygan County Circuit Court:

    Police and paramedics were called on the afternoon of March 9 to an apartment on the 3500 block of Eisner Avenue where a baby was reported to be not breathing.

    When they arrived, the baby was "lying on the kitchen table, pulseless and non-breathing and extremely blue in color."

    Andrew C. Goldston, 1317 N. 15th St. in Sheboygan, told them he was babysitting his 33-day-old son while his girlfriend, the baby's mother, was out when he dropped the child on the floor while reaching for a television remote control. The distance the child fell was about 2 feet, 6 inches.

    Goldston also told police that the boy's mother left after the two of them had argued.
    [...]

    An emergency room nurse at Aurora told police there were no signs of external injuries but that the baby had "no reactions, no pain response, no pain to stimuli, and no gag response when being treated."

    Doctors at Children's Hospital said the child had suffered abusive head trauma and injuries not caused by being dropped. Those injuries included internal brain hemorrhaging and brain swelling.

    The baby was reported as being on a ventilator and is not expected to survive, doctors said.
    http://www.sheboyganpress.com/articl...-injuring-baby
    A Sheboygan man previously charged with seriously injuring his one-month-old son will now face a homicide charge.

    23-year-old Andrew Goldston is now charged with first degree reckless homicide after his son Leander passed away from the inflicted injuries.
    [...]

    Leander passed away Thursday afternoon; he was 42-days-old.

    If Goldston is convicted, he could be sentenced to 66 years in prison.
    http://new.whbl.com/news/articles/20...d-babys-death/

    MySpace (Last Login: 10/3/2009): http://www.myspace.com/dark_side_of_the_moonman
    He has a 2008 blog that says:
    ... I am a twice prison inmate failing father and even worse boyfriend. I can't keep my girlfriend, who i care about almost as much as i do my daughter, happy and i can't find a job. I am freeloading off of a person that has only been kind to me and i can't even pay her back for any of it. I am sick with cancer and it's going to kill me eventually anyway. So why? What is there to love here? What is inside me that people want me to stay and cause more trouble?

    Just remember that the idea of me being real is so much better then me ever being born because you can look at an idea and tell yourself wow i'll never be like that but when you look at me you have to think to yourself wow how can that man live with himself.
    Now they are REALLY going to think that!!

    His #1 friend has pics of him as "her man" and says "YOU CANT TRUST ANYONE AROUND YOUR KIDS"
    sittin in the childrens hospital in milwaukee....my baby might not make it
    Posted at 2:21 AM Mar 11
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  2. #2
    Great Marshal mjmsepm's Avatar
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    did she have 2 kids with this jackass? Yes she did:-(
    Here is baby Leander's Obit...R.I.P angel

    Leander Mathias Goldston, infant son of Tammy DePagter, died at Children's Hospital of Wisconsin in Milwaukee on Thursday, March 18, 2010. Complete obituary details will be published later by Ballhorn Funeral Chapels.Email condolences to support@ballhornchapels.com.

    http://m.sheboygan-press.com/apps/pb...1/3200454/1067
    Last edited by mjmsepm; March 21st, 2010 at 12:08 PM. Reason: Answered my own Question.

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    Grand Marshal guillotinegirl's Avatar
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    Here's hoping that he wasn't lying about having cancer and the extent of his treatment in prison consists of Tylenol.

  4. #4
    Squire
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    this story is very sad some people are just crazy

  5. #5
    Fucking Awesome Baronet LadyCygnet's Avatar
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    I am a twice prison inmate failing father and even worse boyfriend.
    A winner is you!

    Stuff like this is why I think background checks are pretty important, especially for single moms who are out dating. While I might consider dating someone who has been to prison for something mild like driving without insurance or being caught smoking marijuana, I'll run like hell from anyone who has done time for a violent crime or any sort of crime involving children.
    Last edited by LadyCygnet; March 21st, 2010 at 04:44 PM. Reason: couldn't resist adding the trophy smiley (my sarcasm knows very few boundaries!)

  6. #6
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    Poor baby boy. WTF is wrong with men and woman for that matter who take their shit out on their very own child? a baby for christ sake! makes me so incredibly angry and sad. Children get shafted caught in adult bullshit, end up dead.

    Rest in peace baby Leander Goldston, you deserved life at it's fullest. You only got 42 days, some that were not really living at all.... so sorry little one.
    Report child Abuse 1-800-4-A-CHILD * Missing and Exploited 1-800-THE-LOST

  7. #7
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    Andrew Goldston was bound over for trial today after a preliminary hearing. A doctor testified the the injuries Leander sustained were not caused by an accident. Andrew is charged with reckless homicide, a felony which could carry a sentence up to 46 years in prison.

    According to the mother, the elder son, a two year old, was home at the time of the "accident" and may have witnessed the event.
    http://www.sheboyganpress.com/articl...over-for-trial
    http://http://www.fox6now.com/news/witi-100415-goldston-prelim,0,7768948.story

  8. #8
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    The jury chosen to decide the fate of Andrew Goldston got a crash course in medical analysis Wednesday as doctors brought in by the prosecution and defense offered greatly contrasting explanations for the fatal injuries suffered by his 1-month-old son.

    Dr. Lynn Sheets, medical director of the child abuse program at Children’s Hospital of Wisconsin in Wauwatosa, said she can say with “no hesitation” that Leander died of “abusive head trauma.” She examined the boy during the nine days he remained hospitalized before dying of his injuries.

    “Absolute abuse – no hesitation,” Sheets told the jury. “You have severe rotational injuries, and that’s very different from straight-line or falling injuries.”

    The jury also saw a picture of Leander for the first time, as Sheets displayed a picture of the boy in head restraints at Children’s Hospital. She said Leander had slight facial twitching immediately after he arrived but soon stopped responding and breathing on his own. . . .

    But Dr. John Plunkett, a forensic pathologist who specializes in infant head trauma, testified with equal vehemence that Leander’s injuries could have occurred in the fall Goldston described. . . .

    Plunkett said the injuries Sheets cited as too extensive for a simple fall could have occurred as a cascading effect, with one causing the other in the aftermath of the fall. . . .

    Sheets said Leander suffered what is commonly called shaken baby syndrome, with bleeding in numerous areas of the brain indicating the back-and-forth motion of shaking or slamming a child. She said either action, which an infant’s neck is too weak to protect against, could have caused the bleeding, but Leander also had several bruises consistent with impact.

    “I don’t know if he was shaken, but I know he was slammed,” Sheets said.

    Plunkett said Leander landed on the worst possible point in his head, causing his pliable skull to put pressure on the brain. That then pushed on the brain stem causing the boy to stop breathing.

    He said the ensuing pressure and swelling caused the retinal bleeding observed in Leander. Leander also suffered bleeding throughout the brain, which Plunkett said could be due in part to blood being forced through the brain during the minutes Leander had no pulse and was not breathing immediately after the fall. The remaining bleeding he attributed to a condition existing at birth that previously resulted in no symptoms.

    Sheets had said many children have such bleeding at birth, but such a condition was not noted by doctors on any of Leander’s medical reports. She cited the extensive bleeding as evidence of shaking or slamming the child.

    On cross examination, Assistant District Attorney Joel Urmanski challenged Plunkett’s conclusions and credibility, leading to an acknowledgement from Plunkett that most pediatricians would diagnose child abuse given Leander’s injuries.

    “I would also be suspicious this was an inflicted injury,” Plunkett said. “I’m not saying it’s not. I’m saying you can’t tell from the medical evidence.”

    Urmanski also noted Plunkett, unlike Sheets, was paid to be there and had testified in more than 30 states as a consultant. Urmanski implied Plunkett testified frequently for defense attorneys because he was willing to offer testimony contrary to the general consensus among pediatricians and other experts, but Plunkett defended his conclusions as consistent with other pathologists.

    When pressed by Urmanski, Plunkett acknowledged his testimony was disproven in a similar case in Montana. Plunkett had testified that injuries on a young child who died could not have been caused by shaking, but the father later admitted to shaking his daughter to death.
    http://www.sheboyganpress.com/articl...|img|FRONTPAGE
    Good judgment comes from experience, and a lot of that comes from bad judgment. ~Will Rogers

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  10. #9
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    Andrew Goldston was found guilty Thursday of killing his infant son, convicted by a jury that believed doctors’ testimony that the injuries were too severe for the short fall Goldston claimed as the cause.

    The jury of eight men and four women deliberated for five hours before returning the verdict against the 24-year-old Sheboygan man on a felony count of first-degree reckless homicide. He will face a maximum of 40 years in prison at a future sentencing before Judge James Bolgert.
    [...]

    A fellow jail inmate testified that Goldston admitted squeezing, shaking and dropping the infant as the two spoke after a jailhouse Bible study late last year. Goldston said he needed God’s forgiveness for hurting his child, Jeffery Lucas testified.

    The conversation between Lucas and Goldston took place in the jail pod where both were housed, but that fact and others were withheld from the jury. Bolgert ruled it would be unfair if the jurors knew the conversation took place at jail.

    Urmanski replayed a video of Goldston demonstrating how he claimed the child fell, dropping 18 to 30 inches onto thin carpeting. Goldston appears to choke up when asked by a detective about having previously showed emotion discussing the child, then abruptly returns to a normal voice when asked another question.

    “Why all these misstatements? He can’t keep it straight. Those tears, he was real good trying to pour on emotion there, but he’s asked a question and (immediately) he responds,” Urmanski told the jury. “There is no answer other than the defendant was frustrated, the defendant was angry. … Leander was the point of contention, Leander was the one changing his lifestyle. Leander was the one not allowing him to leave.”

    The baby suffered the injuries shortly after his mother, Goldston’s girlfriend, left following an argument with Goldston. Lucas testified that Goldston also described being frustrated that Leander’s birth had kept him from going out more with friends.
    [...]

    Goldston will now remain in custody until sentencing. He has been jailed the 15 months since his arrest in lieu of a $100,000 cash bond.
    http://www.sheboyganpress.com/articl...ing-infant-son
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  12. #10
    Muttering crone
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    That guy keeps changing his look. I suppose he was supposed to look more like a respectable citizen for the court case. Didn't pull the wool over anyone's eyes, though, did it.

    Going away! Going away! Yay!
    Good judgment comes from experience, and a lot of that comes from bad judgment. ~Will Rogers

  13. #11
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    The mother of a 1-month-old boy killed by his father last year implored Judge James Bolgert this morning to impose the maximum sentence, condemning Andrew Goldston for taking both a life and a lifetime of memories.

    “I have to live each day now wondering what he would look like. Would he be … walking, climbing on things? You took the experience of having a son away from me,” said Tammy DePagter, 21, of Sheboygan. “I cry myself to sleep almost every night. I have nightmares of him in the hospital with all the machines and IVs and seeing him get worse and worse every day.”
    [...]

    Bolgert this morning sentenced Goldston to six years in prison, a fraction of the 25 years recommended by prosecutors and the 40-year maximum penalty. He ordered that Goldston serve four years on extended supervision after his release.

    The judge said he believes Goldston threw Leander to the ground out of frustration with continued fussing and a recent argument with DePagter, who left the house shortly before the child was injured.

    “No one claims the injuries were intended. I think they were caused by a blow to the floor,” Bolgert said. “I think it happened in an instant. … I think this is not a case of sustained shaken baby.”

    Bolgert said the 25-year recommendation was “excessive” and should be a sentence reserved for intentional acts. Goldston was given credit for the 16 months he has spent behind bars since his arrest, so he will be out of prison in about four and a half years.

    Assistant District Attorney Jennifer Bork said she sought 25 years because 20 years is typically the minimum sentence for any kind of homicide case. She called the sentence “disappointing.”

    “That’s only four and a half years above head-butting a police officer,” Bork said, referencing a 2006 conviction that sent Goldston to prison for 15 months.

    Even Goldston anticipated a stiffer sentence, speculating in a jailhouse conversation that he would be in prison until he was 40. The conversation was recorded and played before sentencing.
    [...]

    The prosecution played several jailhouse recordings of Goldston prior to sentencing, telling Bolgert they revealed his character. In one recording, Goldston threatened to imbed a chair in Bork’s brain, and in another he joked about his parents dying by the time he got out of prison.

    “When I get out I’m going to be like, ‘Mom, dad, when are you gonna die so I can get your crap?’” Goldston says on the recording, which was played minutes after Goldston’s mother spoke on his behalf.

    Goldston apologized to DePagter during his pre-sentence statement, turning to look at her as he did so.

    “There hasn’t been a day in the last 487 days that I didn’t wish I could go back to March 9, 2010, with the knowledge I have now,” he said. “I’m so very sorry for this accident that took Lee from us. You know I would change this if I could.”
    [...]

    Defense attorney Barbara Kirchner called Leander’s death a “tragic accident” that will haunt Goldston for the rest of his life. She said Goldston is “neither a threat nor a danger to society.”

    Bork strongly disagreed.

    “This was a reckless killing of a defenseless human being,” she said. “This was not an accident, this was not negligent.”
    http://www.wausaudailyherald.com/art...ing-infant-son
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  15. #12
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    "Bolgert this morning sentenced Goldston to six years in prison, a fraction of the 25 years recommended by prosecutors and the 40-year maximum penalty." ...out in 4 1/2 yrs.
    This is really disgusting but I'm not surprised. The judge agreed there was enough evidence based on dr's testimony that it wasn't an accident, and the sentence is what is given in many cases like this that involve shaken baby injuries/deaths. I don't believe Leander was just shaken but thrown. It all makes me sick. My heart goes out to the mother and little sister who likely witnessed it. Too bad she couldn't tell us what happened. So sorry baby Leander.

    You can see a picture of Leander on the VIDEO.
    Report child Abuse 1-800-4-A-CHILD * Missing and Exploited 1-800-THE-LOST

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  17. #13
    Muttering crone
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    That's an f***ing pittance! Crap!
    Good judgment comes from experience, and a lot of that comes from bad judgment. ~Will Rogers

  18. #14
    Great Knight BreakTheSilence's Avatar
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    WTF???? This jackass kills his baby and gets 6 years??? This is so wrong on so many levels. Its sad when you can kill your baby and get 6 years, but get caught with pot and you'll be a very old man before you get out. Before anyone jumps me, I'm not down on pot. I just think its bullshit that you can get a life sentence for pot possession which is a victimless crime.

    RIP Baby Leander! I'm so sorry this asshat judge thought your sweet life was only worth 6 years. Rest in God's arms and fly with the angels sweet one!

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